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Implications of Common Law Marriage

Discussion in 'General Baptist Discussions' started by Victorious, Mar 7, 2009.

  1. Marcia

    Marcia Active Member

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    Were not the couples in the Bible following cultural traditions for marriage as well?
     
  2. canadyjd

    canadyjd Well-Known Member

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    I'm sure they did. Apparently, at some point, somebody said....

    "Hey, let's have a celebration that our son (or daughter) is finally moving out of the tent.....errr....I mean....is getting married"

    They slaughtered a goat and invited the neighbors to prove the good news.

    God added a few guidelines when He gave the law....Don't marry your sister or cousin (near relative), and so on....

    Moses allowed divorce, but Jesus tells us it was not that way in the beginning. This demonstrates man's culture and tradition were violating God's intentions for marriage.

    Jesus tells us that "what God has joined together, let no man tear asunder".

    This tells us that marriage remains under God's authority, not man's.

    The Catholic Church came along and said "nobody has a valid marriage unless it is approved by the Pope, through the priests". What better way to control your people than to force approval from a preacher of the most basic God-given institution? They claim to have power invested in them by God to proclaim a man and woman husband and wife.

    The protestants kept the tradition of the Catholic Church, claiming authority not granted in scripture.

    Apparently, they were concerned (like some people here) that a couple might dare to be intimate in a marriage that didn't meet their approval or without a "license" from the church or state.

    peace to you:praying:
     
    #102 canadyjd, Mar 13, 2009
    Last edited by a moderator: Mar 13, 2009
  3. Marcia

    Marcia Active Member

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    So if they followed cultural traditions then, then why is wrong to do that today? Doesn't God want Christians to be seen as married in the eyes of the law? Otherwise, it appears to be merely living together.
     
  4. Aaron

    Aaron Member
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    Where do you live? There is no state in this union where that is true.
     
  5. Aaron

    Aaron Member
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    When was the first marriage license issued in the United States, and for what purpose?
     
  6. annsni

    annsni Well-Known Member
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    Do they live apart, then declare to everyone that they are husband and wife (which they are not legally or otherwise until they have followed the law) and THEN live together - or do they live together THEN declare they are married? If it's the first, then that's lying, if it's the second, it's fornication. Neither way is the Biblical way.

    I agree with you here.
     
  7. annsni

    annsni Well-Known Member
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    That's right. It's about God's Word, God's law.

    What is their objection that is based on Scripture? THAT is what I'm asking. I've mentioned on scenerio that one family states as their reason for not having a state sanctioned marriage (that if they marry, they will be on par with the "perverts" who will have the ability to have state recognized marriages - yet by NOT having state marriages, they are.....on par with the "perverts" who do not have state marriages so their argument is invalid), and I'm asking for why this particular couple feel that it's Biblically WRONG to have a state marriage. Not why they want to have a non-state marriage but why it's BIBLICALLY WRONG to have a state marriage.

    LOL - Oh there is NO Scriptural support for common law marriage in any of my study of Scripture. Each culture has a recognized method of getting married and ancient Israel was certainly one of them. They didn't just walk up to someone on the street, say "let's be husband and wife" and walk off and now be married. There is no Biblical or historical support for that.

    I'm not defensive other than when someone says that a state marriage is Biblically wrong which this "hypothetical couple" have decided. I'm honestly wondering if this is truly "hypothetical" since it seems your argument is very consistent. Is this "hypothetical couple" you?
     
  8. annsni

    annsni Well-Known Member
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    Umm - it says that Isaac "married" her. He didn't just bring her to Mom's tent and sleep with her. It states very clearly in black and white that he "married her".
     
  9. Thinkingstuff

    Thinkingstuff Active Member

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    First of all you don't know the context of the statement. Because of our modern conotations you believe there was a ceremony. However, it may be as simple as taking her in the tent and sleeping with her which it seems this may have happened.
     
  10. annsni

    annsni Well-Known Member
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    The fact that it said "married her" means that something culturally acceptable happened. We know that the law was in place and that betrothal was the accepted norm in marriage. Deuteronomy 22 gives us a view of what goes on with marriage - that it was an organized issue and not one of just deciding to take someone and that's it. There were parents involved, a commitment of some sort (a betrothal) and historically, we know there was a marriage covenant that was entered into by both parties. It was a culturally accepted norm.

    What is the culturally accepted norm for today of marriage? "I'm married" tells a story - that there was a wedding of some sort. Ask anyone on the street "Are you married?" and they can tell you of their ceremony whether it's a big NY shindig that cost hundreds of thousands of dollars or a small ceremony with a justice of the peace. But it's something other than just deciding "Let's tell everyone we're husband and wife".

    Interestingly enough, marriage is used as a symbol of the relationship between the church and Jesus - and it is not just a verbal thing telling people that we've entered into a relationship but that there's a legal bond there. Legal.

    We also see in Romans 7 that the law is involved in marriage. If this is speaking of the Jewish law that was given to Moses, then it is still their civil law. If it is the law of the government, it is the law that is binding.

    Marriage was not just a taking of a woman and sleeping with her. Ever. God gave Eve to Adam formally. That was the first wedding.
     
  11. Magnetic Poles

    Magnetic Poles New Member

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    No. Cohabitation is evidence of the existence of a marriage, but by declaring themselves married, they are. You can even have a ceremony with no celebrant or official if you like. Or have a friend marry you. It's all legal. It is also recognized as marriage if the couple moves to a state where CL Marriage is not recognized when occuring there. This is as legal as any other marriage.

    The people must be free to marry (not married to someone else), but they can say "hey, we are married" and then move in together like any other couple.
     
    #111 Magnetic Poles, Mar 14, 2009
    Last edited by a moderator: Mar 14, 2009
  12. Marcia

    Marcia Active Member

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    At least twice info has been posted showing this is not true. The couple must live together for a time, usually at least a year, before common law marriage is a possibility (note "possibility"). And only about 11 states allow this now.

    There were Jewish ceremonies and contracts for marriage. We see contract in the betrothal in Jesus' day, and the bridegroom coming to get the bride. People did not just start living together.

    http://www.mayimhayim.org/JewishWedding.htm


    http://www.oasistradepost.com/Weddings_/weddings_.html

    Living together is not marriage, not then and not now.
     
  13. canadyjd

    canadyjd Well-Known Member

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    Actually, I think Isaac came about 500 years before the Law of Moses.
    And God didn't give them a piece of paper and say, "Now it's official. You have a license to be intimate, be fruitful and multiple"

    peace to you:praying:
     
  14. canadyjd

    canadyjd Well-Known Member

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    I've already told you several times. The hypothetical couple believes state validated marrigage has become so corrupt that to participate would be an affront to God. Specifically, they see as corrupt....

    1. Anyone can get married. They believe scripture forbids Christians from marrying non-Christians. To participate in an institution that allows something forbidden by scripture lends support to sin.

    2. Divorce is rampant and is sin against God. To participate in an institution that allows divorce lends support to sin.

    3. The state has authority over the validity of the marriage. They believe that authority rests only with God. To put youself, voluntarily under the authority of man in an area that God has specifically called His own is to be in rebellion against God and is sin.

    Can you show them from scripture where they are wrong?
    I'm not going to say yea or nea.

    The only reason to ask for personal information is because you want to use personal attacks instead of making your arguments from scripture. I"d rather leave personal information out of the conversation and just argue the case based on the merits.

    peace to you:praying:
     
  15. Magnetic Poles

    Magnetic Poles New Member

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    Incorrect. There is no minimum time specified in Colorado law.

    From HERE

    Factors for Determining Colorado Common Law Marriage

    Though living together (cohabitation) is required, no specific duration is necessary. This means that a couple which is clearly girlfriend/boyfriend could live together for 20 years without creating a common law marriage in Colorado.
     
  16. annsni

    annsni Well-Known Member
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    Anyone can have a common-law marriage too - so that argument is null.

    Does this mean that common law "marriages" don't divorce or separate? If they can, then this is also a null argument.

    Then move to a deserted island with no country sovereign over it. Scripture is clear that we ARE under the authority of our government. To not be obedient to that government, when it does not go against a specific command of God, is to be in rebellion and sin. That is beyond clear in Scripture.

    Many of us have already shown from Scripture where they are wrong. Unfortunately, they apparently do not accept the clear teaching of Scripture to be in obedience to the government that is over us (that is instituted by God) and instead go by their own wishes. I think that is a very dangerous place to be.
     
  17. annsni

    annsni Well-Known Member
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    If this is true, it's just 2% of the country - and not the norm in the other 98% of the states.
     
  18. canadyjd

    canadyjd Well-Known Member

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    It is clear from scripture we are not to be in rebellion against the government.

    What you have not shown is exactly how they are in rebellion against the government.

    Fact #1: The "government" does not forbid a couple from making vows before God, informing their family and friends, and calling themselves "married". Please show me any state law where such action is illegal?

    Fact #2: Many states specifically allow just such actions to be taken and recognize it as valid marriage.

    Fact #3: Since it is allowed by law, the claim that it is rebellion against the government, and a violation of Roms. 13, is demonstratably false.

    Fact #4: To continue to use the same argument, when it has been repeatedly shown to be false, demonstrates your unwillingness to accept the truth.

    peace to you:praying:
     
  19. Magnetic Poles

    Magnetic Poles New Member

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    Nope. I see nothing about a minimum cohabitation period in any state where it is legal. Also, look at Kansas and particularly South Carolina below. There is nothing magic about a ceremonial marriage vs. common law, where the law permits such.

    STATE-BY-STATE REQUIREMENTS TO FORM A COMMON LAW MARRIAGE:*
    Alabama: The requirements for a common-law marriage are: (1) capacity; (2) an agreement to be husband and wife; and (3) consummation of the marital relationship.
    Colorado: A common-law marriage may be established by proving cohabitation and a reputation of being married.
    Iowa: The requirements for a common-law marriage are: (1) intent and agreement to be married; (2) continuous cohabitation; and (3) public declarations that the parties are husband and wife.
    Kansas: For a man and woman to form a common-law marriage, they must: (1) have the mental capacity to marry; (2) agree to be married at the present time; and (3) represent to the public that they are married.
    Montana: The requirements for a common-law marriage are: (1) capacity to consent to the marriage; (2) an agreement to be married; (3) cohabitation; and (4) a reputation of being married.
    Oklahoma: To establish a common-law marriage, a man and woman must (1) be competent; (2) agree to enter into a marriage relationship; and (3) cohabit.
    Pennsylvania: A common-law marriage was established if, before 1/1/2005, a man and woman exchanged words that indicated that they intended to be married at the present time and they also held themselves out to the community as married (introducing eachother as husband and wife, filing joint taxes, etc.).
    Rhode Island: The requirements for a common-law marriage are: (1) serious intent to be married and (2) conduct that leads to a reasonable belief in the community that the man and woman are married.
    South Carolina: A common-law marriage is established if a man and woman intend for others to believe they are married.
    Texas: A man and woman who want to establish a common-law marriage must sign a form provided by the county clerk. In addition, they must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married.
    Utah: For a common-law marriage, a man and woman must (1) be capable of giving consent and getting married; (2) cohabit; and (3) have a reputation of being husband and wife.
    Washington, D.C.: The requirements for a common-law marriage are: (1) an express, present intent to D.C. be married and (2) cohabitation.
     
    #119 Magnetic Poles, Mar 14, 2009
    Last edited by a moderator: Mar 14, 2009
  20. LadyEagle

    LadyEagle <b>Moderator</b> <img src =/israel.gif>

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    "Common law marriage" is just a way to soothe a guilty conscience for living in sin. Jesus had something to say about it to the woman at the well, that even the man she was living with she wasn't married to. It seems pretty clear from that passage that to be "married" requires more than just living together.
     
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